The Ministry of Electronics and Information Technology (MeitY) has issued a crucial advisory concerning the due diligence responsibilities of intermediaries and platforms under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The advisory emphasizes that every intermediary and platform must ensure that the use of Artificial Intelligence models, Generative AI, software, or algorithms on or through its computer resource does not facilitate users in hosting, displaying, uploading, modifying, publishing, or sharing any unlawful content as delineated in the IT Rules or breaching any other provisions.

Moreover, it underscores the importance of ensuring that computer resources, either independently or through the utilization of Artificial Intelligence models and other technologies, do not perpetuate bias or discrimination or jeopardize the integrity of the electoral process.

In a move toward transparency and accountability, the Ministry has stipulated that under-tested or unreliable Artificial Intelligence foundational models, software, or algorithms should only be made available to users in India after appropriately labeling the potential fallibility or unreliability of the generated output. To this end, mechanisms such as “consent popups” or their equivalents are encouraged to explicitly inform users about the inherent fallibility or unreliability of the output.

Furthermore, intermediaries and platforms are mandated to inform users through terms of service and user agreements about the repercussions of engaging with unlawful information, including the possibility of access disablement or removal of such content.

The Ministry has reiterated that non-compliance with these guidelines could lead to severe consequences for intermediaries and platforms.